Fire Safety Act 1993 · 2020 Revised Edition · Part 1 · Preliminary
17. Powers ancillary to sections 14, 15 or 16
Feedback & supportLast amended by an amending law of 2015. 2 amendments in all.
The Commissioner or any member of the Force or fire forensic specialist exercising the powers under section 14, 15 or 16 may (so far as may be reasonably necessary for the purpose to which his or her exercise of the powers relates) do all or any of the following in the premises, aircraft, vehicle or vessel, as the case may be:
Commissioner
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;
take with him or her any assistance or equipment;
search the premises, aircraft, vehicle or vessel;
take photographs or video recordings of and conduct any inspection, measurement or test on the premises, aircraft, vehicle or vessel or any thing found therein;
take, without payment, for the purpose of examination reasonable samples of any description from the premises, aircraft, vehicle or vessel;
seize or detain any thing found in the premises, aircraft, vehicle or vessel that he or she believes on reasonable grounds to be connected with the commission of any offence under this Act or to be otherwise relevant to the administration or enforcement of this Act;
do any other thing reasonably necessary for carrying out the purpose to which his or her exercise of the powers relates.
For the purposes of section 14, 15 or 16 or subsection (1)(b), the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16 (as the case may be), may —
member
“member” has the meaning given by the Civil Defence Act 1986 and includes any public officer serving in the Force as engineering or technical staff;
require the owner or occupier of the premises, or the owner or person having charge of the aircraft, vehicle or vessel (as the case may be), to provide all reasonable assistance to the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16, as the case may be; and
if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing.
Any person who fails to comply with any requirement made under subsection (2)(a) shall be guilty of an offence.
Where the Commissioner, or a member of the Force or a fire forensic specialist seizes any thing under subsection (1)(e), he or she must —
immediately give written notice of the seizure to the owner of the thing seized or to the agent of such owner; or
if the name and address of the owner or agent of the thing seized are not known, affix a notice prominently at the place where the thing was seized.
Any person aggrieved by the seizure of any thing under subsection (1)(e) may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court.
Upon hearing such complaint, the Magistrate’s Court may —
confirm the seizure wholly or in part;
disallow the seizure wholly or in part;
order that any thing seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the thing is preserved for any purpose for which it may subsequently be required; or
order payment to be made to the owner of the thing seized of such amount as the Court considers will compensate the owner for any loss or depreciation resulting from the seizure.
Any thing seized under subsection (1)(e) may be kept or stored at the place where it was seized or may, at the direction of the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16, be removed to any other place to be kept or stored thereat.
place
“place” includes houses, yards and open spaces appurtenant thereto, buildings and footways and any underground space;
The Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16 may mark, seal or label any thing being detained under subsection (1)(e) in such manner as he or she thinks fit for the purpose of indicating that the thing is under detention and may lock or seal the place (or any part thereof) in which the thing is being detained.
fire forensic specialist
“fire forensic specialist” means an individual who is appointed under section 20 as a fire forensic specialist;
Any person who, without the authority of the Commissioner, or a member of the Force or a fire forensic specialist authorised under section 14, 15 or 16, as the case may be —
interferes with, removes or otherwise disposes of any thing seized or detained under section 14, 15 or 16 or tampers with, alters or removes any mark, seal or label placed under subsection (8); or
opens, breaks or otherwise tampers with the lock or seal placed under subsection (8),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Subsections (4) to (9) apply to any aircraft or vehicle seized under section 16 as if they were seized or detained under subsection (1)(e).
Nothing in this section is to be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.[8C